X

Response B Marijuana naturally contains all 60 cannabinoids in a combination that is safe and effective, and which has already given relief to millions of people. In contrast, it took years of research to develop the THC pill, which is still the only pharmaceutical cannabinoid available in the U.S. No other cannabinoids are even in advanced stages of testing in this country, meaning it will be years before we see any such drugs on pharmacy shelves. Why should seriously ill patients have to risk...

Gonzales v Raich No 031454

Supreme Court ruled 6-3 that the federal government has the power under the Commerce Clause of the U.S. Constitution to prohibit purely intrastate cultivation and possession of marijuana authorized by state medical marijuana laws. Background On October 9, 2002, two seriously ill medical marijuana patients sued the federal government for violating the Fifth, Ninth, and Tenth Amendments to the U.S. Constitution in its attacks on patients and providers. Angel...

Appendix J Therapeutic Research Programs

The federal government allows one exception to its prohibition of the cultivation, distribution, and use of Schedule I controlled substances research. Doctors who wish to conduct research on Schedule I substances such as marijuana must obtain a special license from the DEA to handle the substance, FDA approval of the research protocol (if experimenting with human subjects), and a legal supply of the substance from the only federally approved source the National Institute on Drug Abuse (NIDA)....

Appendix A State Medical Marijuana Laws

States with Effective Medical Marijuana Laws (Removal of Criminal Penalties) Question 9 passed in 1998 and 2000 A.B. 453 passed the legislature in 2001 (modified by A.B. 519, effective July 1, 2005) Title 40-Ch. 453A of NRS, and Art. 4, Sec. 38 of the Nevada Constitution A.B. 453 removes state-level criminal penalties for medical marijuana use, possession, and cultivation. Question 9, an initiative on the ballot in 1998 and 2000, amended the state constitution to require the legislature to...

Contents

Executive Marijuana's Medical Criminalizing Changing Federal Changing State Laws From 1978 to Changing State Laws Since What the State Laws Is There a Conflict Between New State Laws and Federal Law 7 Federal Court Rulings Have Clarified the Scope of State Laws 8 Overview of Kinds of State Where Things Are Going From Table 1 Effective Medical Marijuana Laws in 11 Table 2 Tally of State Medical Marijuana States with effective medical marijuana laws 9 States with medical marijuana laws 11 States...

Symbolic measures

Eight states have laws that allow patients to possess marijuana if obtained directly through a valid prescription. The problem is that there is no legal supply of marijuana to fill such a prescription. Federal law prohibits the distribution of marijuana and other Schedule I substances for any reason other than research. Doctors cannot prescribe marijuana, and pharmacies cannot dispense it. Prescriptive-access laws demonstrate a state's recognition of marijuana's...

Appendix K Medical Necessity Defense

The necessity defense, long recognized in common law, gives defendants the chance to prove in court that their violation of the law was necessary to avert a greater evil. It is often referred to as the choice of evils defense. If allowed in a medical marijuana case, the medical necessity defense may lead to an acquittal, even if the evidence proves that the patient did indeed possess or cultivate marijuana. This defense generally holds that the act committed (marijuana cultivation or...

Dr Marcus Conant v John L Walters No 0017222

Ruling A federal district court ruled that the federal government cannot punish physicians for discussing or recommending medical marijuana. After this ruling was upheld by the Ninth U.S. Circuit Court of Appeals, it was appealed to the U.S. Supreme Court, which declined to take the case, letting the ruling stand. Background Shortly after California voters approved Proposition 215 in 1996, the federal government threatened to punish even criminally prosecute physicians who recommend medical...

Changing State Laws Since 1996

The tide began to turn in 1996 with the passage of a California ballot initiative. California became the first state to effectively remove criminal penalties for qualifying patients who grow, possess, and use medical marijuana. The law specifies that qualifying patients need a doctor to recommend marijuana. By avoiding issuing a prescription, doctors are not violating federal law in order to help their patients. (Of note, Arizona voters also passed a medical marijuana initiative in 1996, but it...

Gordon Farrell Ethridge

Doctor or arrest the person and let the courts decide. It should be no more confusing than determining if someone drinking alcohol is underage or on probation, if someone is the legal owner of a piece of property, or if a person is a legal immigrant or not. Response B Use the GAO statement in the response to Challenge 17. CHALLENGE 21 Cannabis buyers' clubs are totally out of control Response A Many dispensaries or buyers' clubs in California (the only state whose law currently allows for such...